The John Banks paternity ruling

A judge has ruled supporting the claim that John Banks is Antony Shaw’s father. Banks had refused to acknowledge fatherhood, refused a DNA test, and did not take part in the court proceedings – if he wanted to keep this sad case a secret he should have considered what is known as the Streisand Effect.

Introduction

[1] As a child Antony Brett Shaw believed his father to be Chinese, even though he does not have Chinese features and the man his mother named played no part in his upbringing. When Mr Shaw was 29 years old his mother told him that his father was actually John Archibald Banks, a man with whom she had an intimate relationship at the time Mr Shaw was conceived.

[2] Mr Shaw is now aged 47 and lives permanently in Japan with his wife and son. He has applied under s 10 of the Status of Children Act 1969 (SoCA) for a declaration that Mr Banks is his father. Mr Banks took no steps in the proceeding and the application proceeded by way of a formal proof hearing.

Evidence relied on to prove paternity

Relationship between Mr Banks and Mrs Mayes: 1966 – 1974

[10] Between 1966 and 1969 Mrs Mayes was working as a nurse at Waikato Hospital. For some of that period she lived in the nurses’ home and for some of the time with her parents in Hamilton. She met Mr Banks at a party when she was 19. He was working as a travelling salesman for Pfizer Pharmaceuticals. Mrs Mayes’ brother, Bernard Shaw, recalls Mrs Mayes going out regularly with Mr Banks and that the relationship appeared to him as that of boyfriend and girlfriend.

[11] Mrs Mayes described spending a night with Mr Banks at a motel opposite the Te Rapa Racecourse in July 1969. They had sexual intercourse. Mrs Mayes says that she was seeing only Mr Banks at that time. She had previously been taking the oral contraceptive pill but had recently stopped taking it on medical advice after developing a pain in her calf. She subsequently found that she was pregnant.

[12] Mrs Mayes makes serious allegations against Mr Banks about what happened next. She says that when told of the pregnancy Mr Banks encouraged her to terminate it and arranged for a friend who worked for another pharmaceutical company to obtain quinine tablets in the hope of causing a miscarriage. She describes an occasion when both Mr Banks and his friend were present and told her how many tablets to take. Mrs Mayes was scared, however, and despite pressure from Mr Banks, refused to take the pills.

[13] Mrs Mayes commenced a brief relationship with a local Hamilton man, Harry Wong, knowing that she was some months’ pregnant. She allowed him to believe that the child was his. The relationship ended before Mr Shaw was born. However, Mr Wong (apparently under pressure from Mrs Mayes’ family) accepted that he was the father and agreed to pay child support of $5 a week, which he did for 15 years.

This deceit was tough on Mr Wong.

[14] Mrs Mayes went to a home for unmarried mothers in Auckland for the birth of her baby. Although she had allowed Mr Wong to take financial responsibility for the baby, she drew the line at entering false details on the birth certificate. No information about Mr Shaw’s father is recorded on his birth certificate.

The relationship with Mr Banks is rekindled: 1971 – 1973

[16] The relationship between Mrs Mayes and Mr Banks resumed…Mrs Mayes says that during this period Mr Banks acknowledged that he was Mr Shaw’s father.

Mrs Mayes raises the issue of paternity with Mr Banks: 1997 – 2000

[19] The first was the birth of Mr Shaw’s own son, Kent…She contacted Mr Banks when she was in Wellington and they had dinner together. She told him about Kent and showed him photographs of Kent and Mr Shaw. Mr Banks said that Mr Shaw looked like him (Mr Banks).

[20] The second event was in 1999. Mr Banks, who had been a Member of Parliament for some 18 years, was retiring that year. Mrs Mayes saw TV footage of his valedictory speech, delivered on 5 October 1999. The Hansard record of the speech confirms Mrs Mayes’ recollection of Mr Banks speaking of “the crushing heartache” of living without a mother and father. Mrs Mayes’ impression was that Mr Banks had been so upset that he was close to tears. She decided then that she should tell Mr Shaw about Mr Banks being his father

There were attempts after that to contact Banks, but a lack of success led to seeking a ruling from the Court.

Proof on the balance of probabilities?

[29] Mr Shaw’s application rests to a large extent upon Mrs Mayes’ evidence. On her own account, Mrs Mayes has not always been honest. However, there is independent support for the essential elements of her account. My assessment of the evidence is as follows.

[30] First, I accept that Mrs Mayes was in a sexual relationship with Mr Banks in 1969. Her assertion is consistent with Mr Shaw snr’s description of them as boyfriend and girlfriend and his evidence of Mr Banks’ acknowledgement that there had been a sexual relationship between them. I also accept that the relationship was exclusive, at least for Mrs Mayes. She says that she was not seeing anyone else and Mr Shaw snr does not mention anyone else. Moreover, it is reasonable to infer that if there had been the possibility of another man being the father Mrs Mayes would have named him as the father rather than starting a new relationship with a Chinese man, a plan that had obvious pitfalls.

[31] Secondly, it is not credible to think that Mr Wong is Mr Shaw’s father. It is true that he accepted Mr Shaw as his child and paid child support for 15 years. But he is not recorded on Mr Shaw’s birth certificate as the father and played no part in his life, despite contributing financially. The fact that he is not named on the birth certificate is consistent with Mrs Mayes’ account that, notwithstanding her earlier dishonesty on the point, she was not willing to go so far as to make a false statement on the birth certificate.

[32] Thirdly, not only does Mr Shaw not have the appearance of having a Chinese father, his uncle has deposed to the physical likeness of Mr Shaw to Mr Banks, which he describes as “striking”. This is, of course, a matter of impression but I accept that there is a high degree of similarity between the photographs of the two.

Antony Shaw (left) and John Banks

[33] Fourthly, I accept that Mr Banks and Mrs Mayes resumed their relationship for a time when Mr Shaw was a very young child and that during that time Mr Banks acknowledged that he was Mr Shaw’s father. Although there is no independent evidence of this acknowledgement, in assessing it I take into account the fact that Mr Banks has chosen not to give evidence refuting the allegation.

[34] Finally, I am satisfied from the evidence that Mr Banks has been invited by Mrs Mayes to undergo a DNA test for the purposes of establishing paternity. On Mr Shaw snr’s evidence Mr Banks declined to do so, on legal advice. In considering the weight I give to Mr Banks’ refusal, I take that into account. However, given all of the other surrounding circumstances, including his failure to take any steps at all to refute the various allegations and the obvious strength of Mr Shaw’s application, it is proper to infer from Mr Banks’ refusal to undergo a DNA test that, in his view, the result would be supportive of Mr Shaw’s claim.

Result

[35] I am satisfied on the balance of probabilities that Mr Banks is Mr Shaw’s father. I therefore make the declaration sought, that John Archibald Banks is the father of Antony Brett Shaw.

This is a very sad case. If as it appears from the evidence and the ruling that Banks is the father it is difficult to understand his refusal to acknowledge being the father, especially given his valedictory speech in Parliament.

No one knows better than I the crushing heartache of living with no mother and no father. When my father was due to be released from Mount Crawford, I was living in Kaitoke with Allan McCready. What a good man to me he was; what a wonderful New Zealander. I would have been 12 years of age.

I was told: “Your father is coming to visit you tomorrow.” I was absolutely delighted. I could not remember meeting my father. I was going to be so proud that I could show off my father to the other kids. “This is my father. He may even bring my mother. He’s coming tomorrow because he said he was coming tomorrow. If my father said he was coming tomorrow, he would be here tomorrow.”

At 6 o’clock in the morning I got up and sat at the front gate waiting for him to come. I did not know what time he was going to come, but some time in the morning he was going to come, or maybe some time in the afternoon. At 8 o’clock at night I was still at the front gate and he did not turn up. I waited two more years. These things have an incredible influence on one’s life.

Patzcuaro

Bank’s has stood as a conservative politician which is based on traditional values of taking responsibility for your actions. It seems that in Bank’s case that he doesn’t follow what he preaches.

They, whoever they are, didn’t get Banks, the logical conclusion was reached from looking at the facts. His life is not stuffed, everybody makes mistakes it is how you respond to the mistakes that you are remembered for. Bank’s should go to Japan and apologise to his son and get to know his grandson. I’m not sure who you are referring to as lying ferals, the only person who has behaved badly in this case is Banks.

Now that he has been recognized as Bank’s son Shaw will be able to share in his estate when he dies.

Corky

”Bank’s has stood as a conservative politician which is based on traditional values of taking responsibility for your actions.”

That has nothing to do with the case. I think most of us have worked out-like other politicians-Banks is a hypocrite.

”They, whoever they are, didn’t get Banks, the logical conclusion was reached from looking at the facts. ”

I’m sorry, I naturally assumed you would know who ‘they’ were. The simple process of having to defend yourself against false allegations is enough. Even then he had shit thrown over him outside of court , while inside court his reputation was dragged through the mud.

”His life is not stuffed, everybody makes mistakes, it is how you respond to the mistakes that you are remembered for.”

Well, his wife lives in Queenstown. He lives in Auckland. His kids are guilty by association. And I’m guessing holding public office will be near impossible for him in future. Banks has done a lot of good community work. Especially with animals and charities.Lets hope that can continue.

”Bank’s should go to Japan and apologise to his son and get to know his grandson. I’m not sure who you are referring to as lying ferals, the only person who has behaved badly in this case is Banks.”

Don’t project your moral judgements onto Banks. He’s one of enumerable fathers who aren’t interested. In fact he did take responsibility for his actions by asking the woman to terminate her pregnancy. He even procured pills to make that possible. Many deadbeat dads just don’t care, one way or the other.

”Now that he has been recognized as Bank’s son, Shaw will be able to share in his estate when he dies.”

That’s a Lefties wet dream, isn’t it. Sorry, that wont be happening. His estate will be
disbursed long before he dies. Banks will die without a nickel to his name.

Of course, he may have second thoughts, and provide for his grandson. That will be up to him…and not what society deems proper.

Patzcuaro

Well there is one thing we can agree upon, in this matter away, Banks is a hypocrite.

Banks was dragged through the courts because through his actions or omissions his statutory declaration around donations to his mayoral campaign was questionable. He was eventually found not guilty but he did commit an offence, I think in regard to the Sky City donation, but the time period to bring a charge had passed so no prosecution was possible. Subsequent to this the time period for bring prosecutions for this offence at local election level was brought into line with the time period for national elections.

Banks was happy to take a $50,000 donation for his mayoral campaign from a person who had been a teen hacker who received a 2 year suspended sentence for selling identities in Germany. Dotcom was at the time on the run from the FBI. Hardly what I would call an ideal source of election funding.

It might be my moral judgement but it is also in line with Banks valedictory speech when he left parliament. Shaw has been abandoned by his father, lied to by his mother with result that they are all estranged. There doesn’t seem to be a lot of downside to Banks softening his stance a little and a lot of upside. Things can’t get much worse but they could get a lot better.

I’m not a lawyer but it seems that society has deemed that a parent must endeavour to treat their children fairly in their wills, not necessarily equally but fairly.

Blazer

Corky

Sure, supporting and volunteering at animal shelters. Providing financial support to charities that aren’t publicized. MP for Whangarei- 18 years.
Applied for the police force…but was turned down. He’s a Justice of the Peace. Wrote a book that was given free to prison libraries.

MaureenW

Gezza

Only the one case of adultery then – as far as we know.
Still probably need some fast work explaining to The Big Guy in The Sky when he karks it – also the lying thing, maybe?
Not one to judge tho, me. Leave that to Browny, & his maker.
(Fortunately Browny’s maker didn’t make me – so I’m expecting to get away with all sorts of really minor but fun misdemeanors, when my time’s up, as long I got a kind heart & smooth talk.)

Patzcuaro

Neither Banks nor Mayes (I presume she was Shaw at the time) were married so there is no adultery involved. It was just a case of consenting sex between two people with consequences.

It may be that Banks later regretted how he behaved at the time, such as trying to force her to abort the baby. It seems his attitude has harden over time especially once he became a “respectable” person on entering parliament. Instead of standing up and dealing with the situation he ckoose to put his head in the sand and hoped it would go away if he ignored it.

Gezza

Hard to say what’s adultery & what’s not tbh patz. Can’t see how anyone can be dopey enuf to believe ANY of those 3 obviously nonsense Abrahamic religions – but certainly in the last two what constitutes ‘adultery’ is totally up for interpretation depending which sect, scholar, Pope, Imam or ‘brilliantly-researched insight’ the individual draws on for their own particular conclusion, generally based on whatever the hell they personally want it to mean.

Good thing about NZ & YNZ tho is at least in a free society like ours atheists & agnostics can call these folk deluded or hypocrites & not get shot to death or their heads chopped off for it!

Gezza

Well, that’s admittedly sometimes a tricky question for some people to answer – so they might just ignore it rather than get stuck.

But, for example, in your own case – do you think
1. adulterers should be whipped, or stoned to death, or subject to some other outrageous penalty?
2. gay men should be thrown from the tallest nearby edifice or high point, & then stoned?
3. people who renounce islam should be shunned & or killed?
4. you were born knowing allah & you are now knowingly rejecting him & his prophet
5. it is an honourable thing to kill apostates who belong to a heretical sect?

Gezza

MaureenW

DNA would have proven it one way or another.
Cant help but think that those out to get Banks are still trying to destroy him.
What happened to the ‘found not guilty’ verdict?
Was there compensation for his wife who proved the fetid nazi and wife lied?
Was there compensation paid to either or both ?

Ray

duperez

Corky is right, Banks has done a lot of good community work especially with animals and charities. That cannot excuse the shabby things he has done and the shabby way he has often acted.

Behind the hard man, a suited, determined one in control were shadows, mirrors and limitations.

Of course he couldn’t see that returning to his old electorate how he did was the ultimate condemnation of what he was. Yet that venture itself typified who he was. Bluster and bravado a facade for weakness.

He will still be a hero for those who are unwilling to see reality. The litany of questionable events won’t stop them exercising a level of ‘christianity’ and understanding he often was unwilling or unable to show.

Conspiratoor

Sometimes you need a second DNA test to prove parentage (it doesn’t have to be the parent), but sometimes tests can prove non-parentage – for example in this case Shaw’s DNA would presumably show no Chinese lineage.

Conspiratoor

Not directly related to this post but my DNA reports are being constantly updated by 23andme as more info comes to light and the database expands. I learnt yesterday that my paternal haplogroup has been updated to R-L51. This traces me back to a gent who lived less than 10,000 years ago. He is yet unamed but in time im sure they will flush this guy out

Gezza

🤔 How certain are you that the issue of the police demanding dna from all suspects, & their accusing you of being a nut, were actually connected – rather than two completely separate issues which simply arose at around the same time in the conversation, Corks? If you don’t mind me asking? 😳

Kitty Catkin

Gezza

Who hasn’t any deeds in their past that they would prefer to forget ? I certainly have.
Any chance we’ll be seeing a steamy or a gripping novel, drawing on these, (under another pseudonym of course) at some point in the not too distant future? You can certainly write well enuf to make it a best seller I reckon.

Kitty Catkin

Not at all. It’s enough that I know-and it would be too boring, anyway. When I was a teenager, two friends discovered how to get into a bar at the James Cook Hotel (I think it was that) and stupid me went along and carried some of the liquor home. I didn’t know how to say that I didn’t want to do it-that I knew it was wrong-I wanted to be liked more than I wanted not to do the crime. My part in it was a crime, I imagine. There is no way that an interesting story could be made of that. Or of nasty little actions that I have done since.

Gezza

I’ve told you before, you massively underestimate or undersell your writing ability. You have a superbly warm & descriptive style of writing that captures & projects emotion, detail, & scenes in a manner that makes a reader see what you are seeing. You would be able to write a totally awesome novel, & I have no doubt magazine pieces as well – should you ever make or find the time to do it.

Blazer

patupaiarehe

Who hasn’t any deeds in their past that they would prefer to forget ? I certainly have.

Too right Kitty, I myself got up to all manner of mischief as a youngster, as hard as that may be to believe.
One has to be even more discreet nowadays when misbehaving, since everyone seems to have a smartphone in their pocket, just waiting to film any malarchy that one might get up to… 😉

Kitty Catkin

I tried to convince myself that I hadn’t thought of it, didn’t actually remove the bottles…but I carried them away in my hessian bag, so I was just as guilty, really, morally-I could have said No, I don’t want to do this. Someone would have been under suspicion for what my friends did and I went along with, I still feel guilt over this unsavoury episode and wish that I had had the guts to do the right thing.

patupaiarehe

Pete Kane

You and Patu still going. Can’t wait till something concrete hits the fan. The problem is the info really needed ie dates of receipt are with the dept. Have that, and one really has a chance at tracking down where one was living/working etc and with whom. Now that would be a ‘real’ leak.

Pete Kane

phantom snowflake

Corky

Thinking about this young chap, it may be conceivable he dodged a bullet by Banks disowning him.

Imagine if he was brought up by Banks. Chances are he would have naturally fallen into Banks sphere of activity. He would then have been called YOUNG BANKSIE, and would have been a target for snide remarks from trolls across social media.

Remarks like:

”Banks is a monstrous radio active ..hypocrite…very typical of the far right.”

Yes, he’s a lucky young chap. Someone needs to remind him…becareful what you wish for.

Gezza

Kitty Catkin

I wonder if John Banks is like my brother who also, to all intents and purposes, gew up without a father (he was there until ***** was 11, but they didn’t have a real father/son relationship) ***** has never had children-none that we know of, anyway, but I have a sneaking suspicion that there may be one or two out there. Because he didn’t have that bond when he was a child, he didn’t know how to form it when the time came.

duperez

Alan Wilkinson

I missed this in a busy day yesterday, but isn’t truth cleansing? JB will be blinking in the sunlight after all these years once the shock wears off. And figuring out how to get on with his new life if he has any sense. Like anyone’s, he has the choice whether to make it better or worse.